Congressman Reyes Statement Submitted to the Congressional Forum on Gun Trafficking

Statement

CONGRESSMAN REYES STATEMENT SUBMITTED TO THE CONGRESSIONAL FORUM ON GUN TRAFFICKING

"Thank you to Ranking Member Cummings for convening this forum highlighting the need for critical legislative reforms to more effectively combat the alarming threat posed by gun trafficking. I appreciate the efforts of my colleagues in both the House and the Senate who have worked tirelessly to address these serious challenges. This is an issue of particular concern to me and my constituents who have witnessed, and in many circumstances been directly impacted by, the incessant violence in our sister-city Ciudad Juárez.

"At the request of Chairman Issa, I had the opportunity of joining him, Ranking Member Cummings, and other Members of the Committee during last week's congressional delegation to Mexico City to meet with officials from both the U.S. and Mexico. As a former Border Patrol agent and Sector Chief with 26-years of federal law enforcement experience on the U.S.-Mexico border, I remain deeply concerned our federal agents and prosecutors in the field lack the tools they need to effectively investigate and prosecute gun trafficking cases.

"It is disappointing the current controversy surrounding ATF's 'Fast and Furious' operation has not resulted in a more substantive review of the tools at our disposal to investigate, arrest, and prosecute those who seek to aid Mexico's criminal organizations with American guns. While this case is still under review by the Office of the Inspector General in the Department of Justice, it should not shift Congress' focus away from the enduring dangers that linger. Unfortunately, I'm troubled that some Members of Congress have been more passionate and vocal in their criticism of ATF than they have been of the underlying problem of gun trafficking itself.

"As the former Chairman of the House Intelligence Committee, I have great respect for the majority's desire to exercise thorough oversight on this matter, but I do not believe this committee or the Congress can genuinely fulfill their oversight obligations without a careful examination of the federal laws that bind our agents and prosecutors in the field.

"While there has been much criticism in recent weeks of ATF, I have heard little discussion about the cumbersome legislative constraints imposed by Congress that hinder the Bureau's investigative capacity. Despite the obvious desire of Mexico's drug cartels to acquire semi-automatic and high-powered rifles from the United States, Congress thwarted ATF's efforts to obtain information on multiple sales of the types of guns being trafficked into Mexico. When ATF tried to implement limited reporting measures in the four Southwest Border states with the highest rates of gun trafficking, the House worked swiftly to help protect the anonymity of individuals purchasing a dozen AK-47s in a single day by restricting the Bureau's funding.

"Under current law, federally-licensed firearms dealers (FFLs) must notify ATF when an individual purchases more than one handgun in five consecutive business days. There is no similar requirement for semi-automatic and high-powered rifles. ATF's proposed reporting requirement would not have limited the number of AK-47's a person could buy in a given day, it would have simply flagged the transaction to help alert our ATF agents to potential trafficking activity. As the owner of multiple firearms myself, I value my second amendment rights, but we must strike a balance between the need to respect gun ownership rights and the need for sensible measures to meet the current security challenges confronting the United States and Mexico.

"If Members of Congress cannot see the wisdom of providing ATF agents access to such information in four states with the most trafficking activity, they are either oblivious to the situation on the ground, or they simply aren't serious about combating gun smuggling. As a Representative from Texas, I also find it particularly indefensible that many of the same Republicans who were outspoken in their desire to protect the integrity of the ballot box during the voter ID debate are far less vocal about the integrity of a multiple gun sale of high-caliber rifles in the state.

"It is unconscionable to tie the hands of America's law enforcement agents as they are making a reasonable attempt to prevent these weapons from continuing to reach the hands of drug cartels. The violence raging in Mexico poses a security and economic risk to the United States, so we must give our law enforcement agencies the tools necessary to strengthen our anti-trafficking efforts and help the Mexican government fight against this shared enemy.

"In addition to the lack of reporting requirements, weapons smuggling remains a lucrative enterprise for criminals due to the relatively mild penalties currently imposed on suspected traffickers. The current laws on the books simply fail to deter this illegal activity. Many suspected traffickers who have helped smuggle, in some instances, hundreds of weapons to Mexico were handed minor sentences. Many smugglers have received probation due to weak penalties for straw purchases. These weak penalties also hamper our agents' ability to extract valuable intelligence from suspects who would be more willing to cooperate with law enforcement in exchange for a plea bargain to avoid stiffer punishment.

"Unfortunately, the influence of special interest groups on this issue has taken precedence over the interests of public safety. Despite the overwhelming need for stronger enforcement measures along the border to curb weapons trafficking, the NRA has successfully opposed attempts to give our ATF agents the tools they need to curb the flow of weapons fueling the violence in Mexico. While Members scrutinize the management decisions of ATF agents in this counter-trafficking operation, one question that should be asked by the American people is this: why has Congress failed to confirm a permanent ATF Director in five years? Since the ATF Director became subject to Senate confirmation in 2006, the NRA has opposed nominations from President Obama and President Bush. This is an embarrassment by design.

"I recently had the opportunity to visit the ATF National Tracing Center in Martinsburg, West Virginia, where it is quite clear we are at a disadvantage in fighting against organized criminal groups engaged in weapons trafficking. While we are investing in 21st century technologies to help Mexico trace weapons more quickly and effectively, our own ATF agents in the United States are forced to manually comb through pages of gun ownership records. As a result of legislation favored by the NRA and passed by Congress, our agents are prohibited from inputting gun ownership information into a computerized database that would find records quickly and efficiently when tracing a firearm. Clearly, we are relying on antiqued methods to fight an evasive enemy. But, sadly, the greatest obstacles hindering our ability to confront these challenges are the result of our own creation.

"In closing, despite the increasing demands for a robust enforcement agency to curb weapons trafficking and other crimes, the number of ATF agents has remained stagnant for nearly four decades. In contrast, we have increased the number of Border Patrol agents by more than 7,600 in the last 6 years alone, a dramatic increase of 77 percent. Other federal law enforcement agencies on the front lines such as DEA, ICE, and FBI, have been given the resources necessary to meet modern day threats. Today, there are far more FFLs, firearms tracing requests, inspections, and greater gun trafficking operations, however, with the same staffing levels that existed in 1972, ATF is facing daunting expectations."

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